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Key Elements of Effective FCPA Remediation: Earning DOJ and SEC's 'High Premium'
The Department of Justice (DOJ) and Securities Exchange Commission's (SEC) Guide to the U.S. Foreign Corrupt Practices Act (FCPA) demonstrates, if there were any doubt, the importance of timely and effective FCPA remediation. Calling it a “high premium,” the DOJ and SEC explain that FCPA remediation can help an organization avoid criminal prosecution and enforcement proceedings; pay reduced penalties and safeguard brand value; and obviate a government-imposed compliance monitor or independent consultant.
It is not just the organization that is impacted by issues arising from poor internal controls. Board members and senior management face substantial embarrassment and damaged personal reputations. Consider also the career damage to business leaders, ethics and compliance officers and internal auditors.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.